Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 120B -- Quashing of charge sheet - Offence u/ss 409, 120-B IPC - Documents which have been allegedly misappropriated, have been found to be missing by Department itself, a fact duly admitted by counsel for petitioner - Merely because Department chose not to proceed against petitioners would..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323 -- Quashing of order - Order to state substance of accusation u/s 323 IPC to accused - Offence u/s 323 IPC is not a warrant case - There was no need to frame formal charge against accused - As per provisions of S.251 Cr.P.C, only substance of accusation is to be stated to accused - Trial Court..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Vicarious liability - As per material on record petitioner establishes that he had ceased to be director of company prior to issuance of cheques in question - Nothing on record to indicate that petitioner..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Summoning order set aside by revisional Court - It is apparent that a basic averment that respondent no.2 was responsible to accused company for its day-to-day affairs has been clearly made - However, no material is placed on record,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Allegation against director of Company - Quashing of complaint - Specific allegations were levelled against accused - It was averred that accused being a Director was in charge of financial decision making of company and he had agreed to guarantee repayment of all amounts payable by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal proceedings, against accused who is charge sheeted after thorough investigation, cannot be quashed merely on the ground that some accused who might have committed the offence are not charge sheeted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 511 -- Quashing of charge sheet - Offence u/ss 376, 511 IPC - Material available on record indicates that victim had alleged the specific allegation against petitioner as well as his co-accused while recording her statement u/ss 161, 164 Cr.P.C - On basis of such statements and statements..........
Service -- Disciplinary enquiry - Charge sheet - Acts of indiscipline and insubordination - Allegation against respondent is that he committed acts of indiscipline and insubordination by not following instructions issued by his superior officers regarding disbanding of Gunda Squad - Charge sheet together with statement of imputations contained a detailed elaboration of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - If a petition u/s 482 Cr.P.C. is filed after charge sheet is filed - Court is required to consider the material/evidence collected during investigation - Even at this stage, High Court is not required to go into merits of allegations and/or enter into merits of the case as if High Court is exercising appellate..........
Dowry Prohibition Act, 1961, Section 3, 4(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Dowry demand - Matter was investigated and charge sheet was filed - Court below took cognizance after applying its legal mind - While taking cognizance of offence, Magistrate or Court concerned is not obliged to give detailed reasons for its satisfaction -..........
